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Description
San Bruno City Council Meeting April 13, 2010
10c. Smoking Laws
A
B
B
So
in
response
to
that
request,
I
looked
at
what
the
city's
previous
history
was
with
respect
to
smoking
regulations
and
I
thought.
It
was
interesting
that
in
1987,
the
city
actually
adopted
a
comprehensive
scheme
relating
to
smoking,
which
turned
out
to
be
almost
identical,
or
very
nearly
so,
to
the
California
smoke-free
workplace
law
that
was
adopted
in
the
labor
code
in
about
nineteen
ninety
eight,
and
so
as
a
result
of
that
labor
code.
Adoption
of
this
particular
law
that
prevents
smoking
from
occurring
in
the
workplace.
B
The
city
correctly
decided
at
that
time
to
repeal
its
law
because
it
was
essentially
preempted
by
the
state
law
and
duplicate
above
the
state
law.
But
since
that
time,
both
the
state
and
the
federal
government
have
moved
forward
with
even
more
regulations
and,
most
recently,
actually,
the
federal
government
has
enacted
the
Family
Smoking
Prevention
and
Tobacco
Control
Act,
which
allows
the
FDA
to
enter
into
the
business
of
regulating
tobacco
and
smoking.
And
although
there
are
some
challenges
to
this
current
law,
the
FDA
will
has
been
authorized
to
regulate
and
limit
tobacco
sales.
B
Marketing,
including
self-service,
displays
the
issuance
of
free
tobacco
samples
and
sponsoring
of
events
by
the
tobacco
industry.
Now,
in
addition
to
that,
and
since
that
time,
Calliphora
prior
to
the
enactment
of
the
federal
regulation,
but
in
addition
to
that,
the
state
of
California
has
also
continued
to
increase
its
regulation
of
tobacco
and
smoking
in
general
and
so
in
the
state
of
California.
Today
there
are
quite
a
few
limitations,
and
these
are
just
a
few
of
them
as
I
laid
out
in
my
staff
report.
Smoking
is
prohibited.
B
It
enclosed
places
of
employment,
something
we've
already
discussed
this
evening.
It's
prohibited
in
the
indoor
common
areas
of
apartments
and
condominiums,
it's
prohibited
in
public
buildings
and
within
20
feet
of
public
buildings
and
the
main
entrances
it's
prohibited
in
tot
lots
and
playgrounds,
schools,
daycare
facilities,
vehicles
with
children,
public
transportation
systems,
airplanes
and
trains,
youth
buses
and
public
para
transit
vehicles.
So
that's
a
sort
of
quick
list
that
pulls
together
some
of
the
most
important
state
and
federal
regulations
having
to
do
with
smoking.
B
The
second
thing
that
the
city
dad
did
was
to
look
at
the
and
introduced
the
ordinance
tonight
that
prohibits
smoking
within
smoking.
Excuse
me
within
tobacco
retailers
shops
and
therefore
prohibits
smokers
lounges.
So
that
is
the
information
that
I
have
for
you
this
evening,
and
I
am
happy
to
take
any
additional
questions
that
you
might
have
any.
A
Questions
of
our
city
attorney
comments
on
the
report
through
the
chair,
I
already
somewhat
believe
we
have
already
a
comprehensive
I
mean
with
tonight's
action.
I
do
believe.
We
already
have
a
lot
of
the
things
addressed
and
taken
care
of
I'll
speak
for
myself.
I
wouldn't
want
to
see
us
get
in
to
an
area
of
regulating
or
having
some
ordinance
about.
If
you
can
or
can't
smoke
in
your
apartment
or
in
a
townhouse
I'm
not
interested
in
personally
going
down
that
Avenue
I
believe
someone's
home
is
their
home.
A
I
know
some
cities
have
I
personally
sitting
up
here,
don't
feel
that
that's
our
place
and
I
don't
know
how
it
would
be
enforced
on
honestly,
but
I
think
we
already
have
a
comprehensive
as
edge
you
outlined
here
well
and
I.
Think
we've
addressed
mostly
issues
and
I
think
what
tonight's
accident,
which
is
another
indication
of
that
anyone
else,
agree
with
the
vice
mayor.
A
C
I
mean
yes,
I
would
I'd
like
to
some
clarification,
please
on
page
61,
where
you
have
the
bullets
that
talk
about
what
other
workplace
areas
that
the
city
can
consider
regulating.
I'm
I'm,
not
clear
on
what
means,
exactly
where
you
say
up
to
twenty-five
percent
of
fifty
percent
of
hotel
motel
lobbies.
B
C
So
that's
limited
now
and
then
we
can
add
limits
to
it
is
that
which
is
correct.
So
how
much
more?
Can
you
limit
it?
You
can't
say
no
smoking
in
a
hotel
lobby
at
all
or
good
or
you
can
do
okay.
We
can
do
that
and
then
the
one
above
that
you
can't
say
no
smoking
in
any
in
any
hotel
rooms.
But
you
can
say
up
to
sixty-five
percent
of
how.
B
No,
it's
actually
the
reverse
of
that
that
they
can
make
up
to
sixty-five
percent
of
a
hotel
or
motel
could
choose
to
be
a
hundred
percent
smoke-free
and
a
city
could
choose
that
for
them.
If
yet,
if
it's,
so,
if
it
wanted
to
do
so
so
right
now,
up
to
sixty-five
percent
can
be
if
they
prefer
it,
they
can
smoke
in
them
up
to
sixty-five
percent
motel
rooms.
So.
C
B
C
Okay
and
just
one
mortgage
or
I
got
very
confusing
number
three
says
meeting
and
the
banquet
rooms
in
a
hotel,
motel,
except
while
food
and
beverage
functions
are
taking
place.
So
a
person
cannot
smoke
when
there's
food
and
beverage
functions
correct,
okay,
but
they
can
smoke
when
there
is
a
banquet
when
there's
no.
So
if
somebody's
giving
a
speech
there's
no.
B
In
the
and
you
have
to
understand,
that's
in
the
absence
of
any
other
either
city
regulation
or
the
hotel's
own
policy
that
it
may
have
so
many
hotels
today
in
California
wouldn't
permit
that
or
would
limit
that,
but
there's
no
requirement
that
it
be
different
than
with
this
state
law
allows.
So
it's
not
our
policy
either
locally
or
by
that
particular
establishment
or
chain.
Okay,.
C
B
D
There
are
areas
outside
of
certain
types
of
businesses
where
smokers
congregate
because
they
can't
smoke
inside
and
so
I
think.
That's
probably
the
next
step
and
I
mean
I,
don't
know
how
about
wants
dealing
with
that,
but
yeah
I
mean
you
can
be
walking
down
the
street
and
I
know
you
know
it
opens
up
a
whole
can
of
worms
to
regulate
the
public
right
away,
but
I.
D
B
There
are
limitations
in
some
of
the
model
ordinances
that
I
have
seen
limiting
within
a
certain
distance
from
either
certain
locations
or
activities
like
service
areas
or
within
public
places,
such
as
parks
and
public
facilities.
I
I
don't
think
that
I've
seen
anything
preventing
it
from
being
used
necessarily
just
on
the
public
right-of-way
walking
down
a
sidewalk,
but
won't.
C
Know
see
I
started
quietly
and
work.
My
way
up
to
this.
This
is
a
segue
to
this
one
of
the
things
with
cigarette.
Would
people
smoking
outside,
especially
in
front
of
bars
as
they
smoke,
and
then
they
throw
the
butts
on
the
ground,
and
while
it's
at
litter
concern,
it's
also
a
concern
when
it
goes
into
the
street
and
then
it
goes
down
into
our
storm
drains
and
it's
a
hugely
dangerous
and
hazardous
waste,
a
situation.
B
What
depends
on
me
that's
interesting.
It
depends
on
how
you
want
to
approach
it.
You
know
with
an
individual
you're,
basically
telling
them
not
to
litter,
which
you
already
do
have
with
an
establishment
like
a
bar
I'm,
just
trying
to
think
through
at
the
moment,
if
they're
not
allowed
to
have
smoking
anyway,
whether
you
know
you
would
then
also
be,
would
it
be
consistent
to
then
partly.